| 9 | | - | Indicates Matter Stricken Indicates New Matter Amended April 10, 2025 H. 3163 Introduced by Reps. M. M. Smith, Lawson, Pope, Spann-Wilder, McCravy, Hartnett, Teeple, Kilmartin, Montgomery, Sanders, Bauer, Guffey, Taylor and W. Newton S. Printed 4/10/25--H. Read the first time January 14, 2025 ________ |
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| 9 | + | Indicates Matter Stricken Indicates New Matter Committee Report April 9, 2025 H. 3163 Introduced by Reps. M. M. Smith, Lawson, Pope, Spann-Wilder, McCravy, Hartnett, Teeple, Kilmartin, Montgomery, Sanders, Bauer, Guffey and Taylor S. Printed 4/9/25--H. Read the first time January 14, 2025 ________ The committee on House Labor, Commerce and Industry To whom was referred a Bill (H. 3163) to amend the South Carolina Code of Laws by amending Section 42-11-30, relating to occupational diseases compensable under workers' compensation and conditions presumed, etc., respectfully Report: That they have duly and carefully considered the same, and recommend that the same do pass: WILLIAM HERBKERSMAN for Committee. statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill adds strokes to the list of impairments or injuries that are presumed to have arisen out of and in the course of employment for firefighters. The bill also revises the presumption entitlement criteria to include conditions developed while actively on duty, instead of actively engaged in fighting a fire. WCC manages workers' compensation claims and regulation in South Carolina. WCC indicates that any potential increase in firefighter workers' compensation claims as a result of this bill can be managed with existing staff and resources. Therefore, this bill will have no fiscal impact on WCC. The fiscal impact of this bill on the Office of the State Fire Marshall, under LLR, is pending, contingent upon a response from the agency. State Revenue This bill adds strokes to the list of impairments or injuries that are presumed to have arisen out of and in the course of employment for firefighters. The bill also revises the presumption entitlement criteria to include conditions developed while actively on duty, instead of actively engaged in fighting a fire. Workers' compensation insurance premiums are taxed at a rate of 2.5 percent on both traditional workers' compensation insurers and companies self-insuring. WCC retains as Other Funds the greater of 50 percent or $2,200,000 of the tax on self-insurers. The remaining tax revenue is retained by the General Fund. While this bill may increase the number of workers' compensation claims by firefighters, WCC cannot determine the impact of this bill on workers' compensation premiums at this time. Therefore, the impact of this bill on Other Funds revenue of WCC and to the General Fund is undetermined. Local Expenditure RFA contacted all forty-six counties and MASC regarding the potential fiscal impact of the bill. Florence County indicated that this would expand benefits for their firefighters through both coverage of strokes and broadening coverage to include on-duty actions. Oconee County indicated that this bill would increase local expenditures by increasing worker's compensation insurance costs. MASC also indicates that this bill may result in an increase in firefighter's workers' compensation claims costs. However, as the number of firefighters that may claim worker's compensation as a result of this bill is unknown, the increase in the number of claims and the increase in the insurance costs are undetermined. Frank A. Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ |
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| 27 | | - | Introduced by Reps. M. M. Smith, Lawson, Pope, Spann-Wilder, McCravy, Hartnett, Teeple, Kilmartin, Montgomery, Sanders, Bauer, Guffey, Taylor and W. Newton |
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| 27 | + | Introduced by Reps. M. M. Smith, Lawson, Pope, Spann-Wilder, McCravy, Hartnett, Teeple, Kilmartin, Montgomery, Sanders, Bauer, Guffey and Taylor |
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| 39 | | - | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 42-11-30, RELATING TO OCCUPATIONAL DISEASES compensable under workers' compensation AND CONDITIONS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT FOR FIREFIGHTERS, SO AS TO INCLUDE STROKE, AND TO REVISE presumption entitlement criteria TO INCLUDE CONDITIONS DEVELOPED WHILE ACTIVELY ON DUTY INSTEAD OF ACTIVELY ENGAGED IN firefighting. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 42-11-30(A) of the S.C. Code is amended to read: (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a firefighter caused by heart disease, stroke, or respiratory disease resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service or by July 1, 2012, a written report of which must have been made and filed before any alleged injury with the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fire, a technical rescue incident, or a firefighter training exercise that involves stressful or strenuous physical activity, or within twenty-four hours thereof or within twenty-four hours from the date of last service in the activity. This presumption does not apply to clerical, administrative, or sedentary activities. SECTION 2. This act takes effect upon approval by the Governor. ----XX---- |
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| 39 | + | |
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| 40 | + | |
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| 41 | + | The committee on House Labor, Commerce and Industry |
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| 42 | + | |
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| 43 | + | To whom was referred a Bill (H. 3163) to amend the South Carolina Code of Laws by amending Section 42-11-30, relating to occupational diseases compensable under workers' compensation and conditions presumed, etc., respectfully |
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| 44 | + | |
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| 45 | + | Report: |
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| 46 | + | |
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| 47 | + | That they have duly and carefully considered the same, and recommend that the same do pass: |
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| 48 | + | |
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| 49 | + | |
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| 50 | + | |
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| 51 | + | WILLIAM HERBKERSMAN for Committee. |
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| 52 | + | |
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| 53 | + | |
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| 54 | + | |
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| 55 | + | |
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| 56 | + | |
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| 57 | + | statement of estimated fiscal impact |
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| 58 | + | |
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| 59 | + | Explanation of Fiscal Impact |
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| 60 | + | |
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| 61 | + | State Expenditure |
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| 62 | + | |
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| 63 | + | This bill adds strokes to the list of impairments or injuries that are presumed to have arisen out of and in the course of employment for firefighters. The bill also revises the presumption entitlement criteria to include conditions developed while actively on duty, instead of actively engaged in fighting a fire. |
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| 64 | + | |
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| 65 | + | |
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| 66 | + | |
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| 67 | + | WCC manages workers' compensation claims and regulation in South Carolina. WCC indicates that any potential increase in firefighter workers' compensation claims as a result of this bill can be managed with existing staff and resources. Therefore, this bill will have no fiscal impact on WCC. |
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| 68 | + | |
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| 69 | + | |
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| 70 | + | |
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| 71 | + | The fiscal impact of this bill on the Office of the State Fire Marshall, under LLR, is pending, contingent upon a response from the agency. |
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| 72 | + | |
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| 73 | + | |
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| 74 | + | |
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| 75 | + | State Revenue |
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| 76 | + | |
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| 77 | + | This bill adds strokes to the list of impairments or injuries that are presumed to have arisen out of and in the course of employment for firefighters. The bill also revises the presumption entitlement criteria to include conditions developed while actively on duty, instead of actively engaged in fighting a fire. Workers' compensation insurance premiums are taxed at a rate of 2.5 percent on both traditional workers' compensation insurers and companies self-insuring. WCC retains as Other Funds the greater of 50 percent or $2,200,000 of the tax on self-insurers. The remaining tax revenue is retained by the General Fund. While this bill may increase the number of workers' compensation claims by firefighters, WCC cannot determine the impact of this bill on workers' compensation premiums at this time. Therefore, the impact of this bill on Other Funds revenue of WCC and to the General Fund is undetermined. |
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| 78 | + | |
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| 79 | + | |
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| 80 | + | |
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| 81 | + | Local Expenditure |
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| 82 | + | |
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| 83 | + | RFA contacted all forty-six counties and MASC regarding the potential fiscal impact of the bill. Florence County indicated that this would expand benefits for their firefighters through both coverage of strokes and broadening coverage to include on-duty actions. Oconee County indicated that this bill would increase local expenditures by increasing worker's compensation insurance costs. MASC also indicates that this bill may result in an increase in firefighter's workers' compensation claims costs. However, as the number of firefighters that may claim worker's compensation as a result of this bill is unknown, the increase in the number of claims and the increase in the insurance costs are undetermined. |
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| 85 | + | |
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| 86 | + | |
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| 87 | + | |
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| 88 | + | |
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| 89 | + | Frank A. Rainwater, Executive Director |
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| 90 | + | |
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| 91 | + | Revenue and Fiscal Affairs Office |
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| 92 | + | |
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| 93 | + | |
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| 94 | + | |
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| 95 | + | _______ |
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| 96 | + | |
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| 97 | + | A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 42-11-30, RELATING TO OCCUPATIONAL DISEASES compensable under workers' compensation AND CONDITIONS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT FOR FIREFIGHTERS, SO AS TO INCLUDE STROKE, AND TO REVISE presumption entitlement criteria TO INCLUDE CONDITIONS DEVELOPED WHILE ACTIVELY ON DUTY INSTEAD OF ACTIVELY ENGAGED IN firefighting. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 42-11-30(A) of the S.C. Code is amended to read: (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a firefighter caused by heart disease, stroke, or respiratory disease resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service or by July 1, 2012, a written report of which must have been made and filed before any alleged injury with the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fireon duty or within twenty-four hours from the date of last service in the activity. SECTION 2. This act takes effect upon approval by the Governor. ----XX---- |
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| 75 | | - | (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a firefighter caused by heart disease, stroke, or respiratory disease resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service or by July 1, 2012, a written report of which must have been made and filed before any alleged injury with the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fire, a technical rescue incident, or a firefighter training exercise that involves stressful or strenuous physical activity, or within twenty-four hours thereof or within twenty-four hours from the date of last service in the activity. This presumption does not apply to clerical, administrative, or sedentary activities. |
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| 131 | + | (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a firefighter caused by heart disease, stroke, or respiratory disease resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service or by July 1, 2012, a written report of which must have been made and filed before any alleged injury with the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fireon duty or within twenty-four hours from the date of last service in the activity. |
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